After SC rap, UP to pay ₹5 lakh damages to juvenile lodged with adult prisoners

THe Uttar Pradesh authorities testament make up ₹5 lakh compensation to a adult male lodged in a habitue jail with other prisoners despite being a juvenile at the time of the offence after the Supreme Court came down heavily on the unlawful incarceration alongside adult inmates.In a rebuke over custodial lapses, the court underscored that such incarceration strikes at the heart of child protection laws and constitutional guarantees. It took on record a standard operating procedure (SOP) to prevent recurrence of such violations across the state, directing that it be circulated to all other states too for considering compliance.A bench of justices JK Maheshwari and AS Chandurkar emphasised that housing a juvenile with adult inmates is impermissible under law and reflects a systemic failure in safeguarding the rights of children in conflict with law.“Present is a case where a juvenile has been wrongfully put in regular jail meant for adult prisoners, even after declaring him juvenile, because of lack of communication, insensitivity, and inhumane approach on the part of the officials,” said the bench in an order released on Saturday.For the “constitutional tort” against the person, the court took on record the state’s undertaking to pay ₹5 lakh in compensation, directing that the amount be transferred to the individual, now an adult, upon furnishing bank details.The accused, a juvenile on the date of the incident, was confined in Agra Central Jail alongside adult prisoners, in violation of the Juvenile Justice (Care and Protection of Children) Act, 2015. The law mandates that minors must be placed only in observation homes or special homes, depending on the stage of proceedings, and never in regular prisons.The accused is being tried as an adult in connection with a 2022 double murder case, a legal course permitted under the Act in certain heinous offences. The court clarified that this does not dilute the statutory safeguards applicable during the period of juvenility. The violation, the bench indicated, was not merely procedural but one that undermined the rehabilitative framework envisaged for juveniles.The Supreme Court noted that a sessions court and the Allahabad high court dealt with the delinquent’s bail applications, but failed to note that he was lodged in a regular jail despite being a minor.“Such an approach indicates a lack of sensitivity and want of awareness on the part of the stakeholders…cases like the present one reflect a serious and systemic lack of coordination and sensitivity among all the stakeholders entrusted with the administration of the juvenile justice framework.”The bench said any lapse in ensuring the immediate transfer of a declared juvenile to an observation home from regular jail not only defeats the object of the legislation but also results in a serious infraction of the juvenile’s right to life.“Therefore, we impress upon all the concerned authorities and the stakeholders to institutionalise robust mechanisms so that such instances do not recur in the future,” said the bench. It cautioned the high court and trial court judges to “exercise extreme care in future while dealing with the matters of juveniles.”The court took note of the Allahabad high court registrar general’s affidavit outlining the SOP aimed at plugging systemic gaps. The SOP provides for streamlined communication of court orders relating to juvenility and bail, mandatory verification protocols, and statewide training, both online and in-person, to ensure uniform compliance across districts. It envisages sensitisation of police personnel and prison authorities to prevent the wrongful detention of juveniles in adult facilities.The bench directed the Uttar Pradesh government to adopt the SOP and allowed it the liberty to introduce additional safeguards if necessary. It pointed out that procedural clarity and administrative accountability are crucial for enforcing juvenile justice protections. The bench directed that the SOP be shared with all states and chief justices of all high courts, effectively expanding the scope of the case beyond Uttar Pradesh and converting it into a template for nationwide compliance.The order follows earlier proceedings, where the Supreme Court expressed serious concern over a custody certificate of the Agra Central Jail superintendent for the juvenile, an anomaly that triggered judicial scrutiny. In October, the bench questioned how such a certificate could emanate from jail authorities instead of a social welfare officer, reiterating that minors must remain within the child protection system at all times.